State ex rel. Alicea v. Krichbaum

2010 Ohio 3234, 126 Ohio St. 3d 194

• Court: Ohio Supreme Court
• Decided: July 14, 2010
• Docket: 2010-0430
• Status: Published

Opinion

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the complaint of appellant, Clemente Alicea, for a writ of mandamus to compel appellee, Mahoning County Court of Common Pleas Judge R. Scott Krichbaum, to hold a new sentencing hearing. Alicea claims that his 1999 sentencing entry was not a final, appealable order because it did not include any indication of the manner of his conviction as required by Crim.R. 32(C).

{¶ 2} Alicea’s claim lacks merit for two reasons. First, the remedy for a failure to comply with Crim.R. 32(C) is a revised sentencing entry rather than a new hearing. State ex rel. Culgan v. Medina Cty. Court of Common Pleas, 119 Ohio St.3d 535, 2008-Ohio-4609, 895 N.E.2d 805, ¶ 8-10. Second, Alicea’s sentencing entry fully complied with Crim.R. 32(C) and State v. Baker, 119 Ohio St.3d 197, 2008-0hio-3330, 893 N.E.2d 163, syllabus. The entry specified that Alicea was found guilty of rape after a jury trial. Therefore, the sentencing entry constituted a final, appealable order, and Alicea is not entitled to a new sentencing entry. State ex rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas, 125 Ohio St.3d 402, 2010-Ohio-1808, 928 N.E.2d 722.

Clemente Alicea, pro se. Paul J. Gains, Mahoning County Prosecuting Attorney, and Ralph M. Rivera, Assistant Prosecuting Attorney, for appellee.

{¶ 3} Therefore, the court of appeals properly dismissed Alicea’s complaint for a writ of mandamus.

Judgment affirmed.

Brown, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.